Category Archives: Nexus

PA: Trial court’s deciding to suppress based on an argument not made by def was error

Trial court’s deciding to suppress based on an argument not made by defendant was error. Commonwealth v. Jones, 2018 PA Super 208, 2018 Pa. Super. LEXIS 815 (July 17, 2018). Defendant argues in post-conviction proceedings against the trial court’s ruling … Continue reading

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TN: Seizure of a cell phone incident to arrest is provided for in Riley; search still requires warrant

Defendant’s cell phone was properly seized incident to his arrest, as contemplated by Riley. It was not searched until a search warrant was obtained. State v. Wade, 2018 Tenn. Crim. App. LEXIS 523 (July 13, 2018). The search warrant for … Continue reading

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IN: Cell phones are a tool of the trade of drug dealers; a lot of information extracted from it doesn’t show SW was overbroad

There was nexus between defendant’s alleged crime of drug dealing and his cell phone since cell phones are a tool of drug dealers. The search warrant was not impermissibly overbroad. Although 1000 pages of information was extracted from the phone, … Continue reading

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DE: PC and nexus to search def’s house came from his leaving to do a drug deal on a bicycle and then coming right back

There was probable cause and nexus to search defendant’s house because he left the house on a bicycle to conduct a drug delivery and returned. Spencer v. State, 2018 Del. LEXIS 296 (June 26, 2018). There was probable cause to … Continue reading

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DE: A visitor’s car parked outside a house being raided wasn’t enough to search it; here, however, the keys were found next to heroin inside, and that was enough

Defendant’s vehicle was parked outside of a house where a search was going down. Merely being outside isn’t cause to search the car. Finding the keys next to heroin inside was because that provided nexus to the drugs in the … Continue reading

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PA: Information from CI’s recording in the home not suppressible even though full conversation might be

Recordings made in defendant’s house were not relied upon in issuing the search warrant for his house, so they can’t be a basis of suppression under the wiretap statute. As a Fourth Amendment matter, under Hoffa, the recordings made inside … Continue reading

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NJ: “Hot pursuit” into a home to seek an iPhone via the find phone application was unreasonable

“Hot pursuit” into a home to seek an iPhone via the find phone application was unreasonable. Here, however, there was a private search by defendant’s brother, and the exclusionary rule doesn’t apply. State ex rel. J.A., 2018 N.J. LEXIS 713 … Continue reading

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DE: Nexus applies to vehicles; no showing car was involved in drugs, and no automatic search of drug def’s car

There must be nexus to search a drug defendant’s car. There is no automatic right to search it without some indication the car was involved in drugs. State v. Valentin, 2018 Del. Super. LEXIS 236 (May 29, 2018):

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WV: Search of def on the premises of a place searched by SW was unreasonable without a showing of his nexus; merely being there isn’t nexus

Search of defendant found on the premises of a search of another person’s property was unreasonable because there was no shown nexus to him and the crime under suspicion. Even the occupants of the property weren’t named in the search … Continue reading

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M.D.Tenn.: SW affidavit didn’t sufficiently show nexus, but not so lacking that GFE didn’t apply

The affidavit for the search warrant here failed to show nexus to defendant’s house under Sixth Circuit precedent. It was sufficient, however, for the good faith exception to apply because the affidavit was not so lacking in information that reliance … Continue reading

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CA4: It’s a reasonable inference that evidence of bank fraud will be found at home

It is a reasonable inference that records of bank fraud would be found in defendant’s home because it is usually kept for many years. The officer stated this in the affidavit for the search warrant as based on his experience, … Continue reading

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E.D.Wis.: Showing of nexus was not bare bones; it was a reasonable inference on totality

The showing of nexus was thin, but not bare bones, and it was reasonable to infer that evidence of three robberies would be found where he was staying with his girlfriend. There clearly was probable cause to arrest him in … Continue reading

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